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STATEMENT OF DECISIONS MADE AT A MEETING OF THE BOARD

HELD ON 3rd JANUARY 2008

PRESENT:

Councillor Brian Silvester                (Leader of the Council – in the Chair)

Councillor Rachel Bailey                 (Portfolio Holder for Planning)

Councillor John Dwyer                    (Portfolio Holder for Safer Communities)

Councillor John Hatfield                  (Portfolio Holder for Finance)

Councillor John Hammond            (Portfolio Holder for Local Environment)

Councillor Margaret Simon             (Portfolio Holder for Customers)

Councillor Ray Westwood               (Portfolio Holder for Neighbourhoods)

 

NON-BOARD MEMBERS IN ATTENDANCE:

Councillors B Evans, A Moran and S Roberts.

OFFICERS IN ATTENDANCE:

Paul Ancell                 (Chief Executive)

Jenny Cross               (Executive Director, Treasury and Corporate Support)

Rachel Goddard        (Assistant Solicitor)

Paul Goodwin            (Assistant Director, Accountancy & Audit)

Bill Howie                    (Democratic Services Manager)

Vikki Jeffrey                (Head of Housing)

David Marren              (Executive Director, Direct Services)

Alan Millington           (Strategic Manager, Planning & Development)

Gareth Roberts           (Economic Development and Estates Manager)

Joanne Smith            (Democratic Services Officer)

Claire Wilson              (Community Development Manager)                  

NOTE: The following Decisions should be read in conjunction with the corresponding reports which accompanied the Board Agenda issued on 20th

December 2007 together with the report issued on 3rd January 2008.  The agenda and reports are available on the Council’s Internet Website. http://www.crewe-nantwich.gov.uk/

97.      DECLARATIONS OF INTEREST           

Agenda Item 14 – Mayoral Nomination 2008/09

Councillor Silvester declared a personal interest in this item on the basis that he was the Councillor who was to be put forward for nomination to the Office of Mayor of the Borough for the year 2008/09.           

Agenda Item 15 – Review of Cheshire Replacement Waste Local Plan

Councillor Hammond declared a personal interest in this item on the basis that he was a Member of Haslington Parish Council.

98.      BOARD DECISIONS –15TH NOVEMBER 2007

The Board received the Statement of Decisions made at a meeting held on 15th November 2007.

99.      RECONSIDERATION OF DECISIONS

No decisions had been referred back to the Board for reconsideration.

100.    CONSIDERATION OF SCRUTINY COMMITTEE COMMENTS/      RECOMMENDATIONS

There were no comments/recommendations from the Scrutiny Committees on this occasion.

101.    CONSULTATION DRAFT BUDGET 2008/09 AND BUDGET PROSPECTS 2008-2012

The Board considered the report of Councillor John Hatfield, Portfolio Holder for Finance.

The report presented the Draft Budget for 2008/09 including the revised estimates for the current year and the implications of the provisional Local Government Finance Settlement.

DECISION:           

That the draft Budget 2008/09 (including the Scale of Fees and Charges which are the subject of a separate report – see Decision No 102 below) be approved as the Consultation Draft Budget, to be considered in various consultation exercises through January and February 2008.

Alternative Options:

There are many options available to Board when considering the Council’s budget and these will be further explored during the consultation period.

Reasons for the Decision:

The Draft Budget has been prepared as a basis for consultation and following consultation a revenue budget for the coming year is approved that contributes to the delivery of the Council’s corporate priorities, other service objectives and statutory responsibilities.

102.    FEES AND CHARGES 2008/09

The Board considered the report of Councillor John Hatfield, Portfolio Holder for Finance.

The report provided details of the proposed Scale of Fees and Charges for 2008-09 which were to be included in the Consultation Draft Budget. 

It was noted that there were anomalies in the proposed charges in respect of the Lock-up units at Nantwich Market (p.68 in the draft Budget Book).  A revised copy of the relevant page would be published and distributed.

DECISION:

That the Scale of Fees and Charges 2008/09 be approved, subject to  the amendment detailed above, for inclusion in the Consultation Draft Budget document.

Alternative Options:

Individual key headline charges within each service area could be varied up or down with the potential commensurate effect on the overall income that could be generated for that service.

Reasons for the Decision:

(a)        Maintaining and improving income from fees and charges is important in helping to ensure financial stability in the medium term.

(b)         The fees and charges proposed take into account current local market conditions and comparable fees and charges currently charged by near neighbour authorities and private and voluntary sector competitors where appropriate.

103.    INTRODUCTION OF DISCRETIONARY CHARGING FOR PERMITTED DEVELOPMENT ENQUIRIES           

The Board considered the report of Councillor Rachel Bailey, Portfolio Holder for Planning.

A review of non-statutory functions of the Planning Service and opportunities for discretionary charging for these services had been undertaken.  A number of options had been explored and the report detailed the preferred option for the introduction of charges for enquiries relating to whether planning permission was required or not.

A revision to the recommendation in respect of the level of fees was proposed at the meeting.

RECOMMENDATION TO COUNCIL:

(A)         That a fee should be charged for the handling of enquiries relating to whether or not proposals constitute permitted development; and

(B)        That the standard enquiry fee be £35.

Alternative Options:

As detailed in the report.

Reasons for the Decision:

The proposed charges take account of experience of implementing such charges elsewhere and reflect the additional costs of providing this non-statutory service.  These proposals are also in line with the provisions in the Planning and Compulsory Purchase Act 2004 and the Local Government Act 2003.

104.    CHESHIRE LOCAL AREA AGREEMENT

The Board considered the report of Councillor Ray Westwood, Portfolio Holder for Neighbourhoods.

The report set out the performance of the Cheshire Local Area Agreement (LAA) 2007-2010 at mid-year. It also contained details of the progress made by the Communities of Cheshire Partnership on the delivery of the Cheshire LAA 2007-2010 and the delivery of the second generation Local Public Service Agreement.

DECISION:

(A)         That the Cheshire Local Area Agreement reporting cycle, as set out in Appendix 1, be agreed;

(B)        That the progress made by the Communities of Cheshire Partnership in the delivery of the Cheshire Local Area Agreement 2007-2010 be noted; and

(C)        That the progress made by the Communities of Cheshire Partnership in the delivery of the second generation Local   Public Service Agreement be noted.

Alternative Options:

To propose amendments to the review of the Cheshire LAA.

Reasons for the Decision:

(a)         The Local Government and Public Involvement in Health Act places a statutory requirement on local authorities to develop a Local Area Agreement and duties on named partners to co-operate with the authority.  LAA’s will ultimately help to make public services more responsive to community needs and help develop sustainable communities.

(b)        The Communities of Cheshire Partnership has agreed a project outline for the 2008 review/refresh of the 2007-2010 Cheshire LAA in accordance with Government expectations.  The Cheshire LAA needs to be refreshed in 2008 in order to release the single LAA grant payment to Cheshire County Council as the accountable body.

105.    SAFEGUARDING CHILDREN POLICY    

The Board considered the report of Councillor Ray Westwood, Portfolio Holder for Neighbourhoods.

The Children Act 2004 placed a duty on District Councils to ensure that all its functions were discharged with regards to safeguarding and promoting the welfare of children.  In order to develop a framework to promote safeguarding for children and young people the Council needed to introduce a Safeguarding Children Policy.  The report provided details of the proposed policy and related documents.

RECOMMENDATION TO COUNCIL:

That the Safeguarding Children Policy and Procedures together with the recommendations for Training and Development in accordance with Section 11 of the Children Act 2004 be adopted.  

Alternative Options:

To amend the proposed Safeguarding Children Policy and Procedures.

Reasons for the Decision:

(a)          The adoption of the Safeguarding Children Policy and Procedures will ensure that the Borough Council meets its legal responsibilities for safeguarding children and young people in respect of the Children Act 2004.

(b)         The Council will have a comprehensive policy.  This will enable staff to be aware of safeguarding issues; know and understand reporting procedures; and acknowledge and understand the need to share relevant information internally and externally.

106.    CHOICE BASED LETTINGS SCHEME

The Board considered the report of Councillor Rachel Bailey, Portfolio Holder for Planning.

In July 2006 the Board approved, in principle, the participation of Crewe & Nantwich Borough Council in a partnership bid for funding from the Department of Communities and Local Government to develop a Cheshire Sub-Regional Choice Based Lettings Scheme.  In December 2006 government funding for a feasibility study was obtained and the report provided details of the recommendations from the feasibility study on options for the way forward.   The report also detailed the preferred option of the Cheshire Sub-Regional Choice Based Lettings Partnership for Board approval.

DECISION:

(A)              That Option 3, as detailed in the report, be taken forward as a Sub-Regional Choice Based Lettings Scheme; and

(B)             That, in the event of the existing Chester District Housing Trust Choice Based Lettings Scheme being extended to include Vale Royal partners and Ellesmere Port and Neston, the remaining Sub-Regional Choice Based Lettings partners (Congleton, Crewe & Nantwich and Macclesfield) would take forward a 3-district Sub-Regional Choice Based Lettings Scheme based on Option 3.

Alternative Options:

(a)        To introduce a local Choice Based Lettings Scheme for Crewe and Nantwich; or

(b)        To join with an existing Choice Based Lettings Scheme elsewhere.

Reasons for the Decision:

(a)               The Government’s Housing Plan “Sustainable Communities: Homes for All”, published in 2005, requires all local authorities to have Choice Based Lettings by 2010.

(b)               The implementation of a choice-based lettings scheme will be in line with Government targets, cost effective and appropriate to the needs of housing applicants.

107.    REVIEW OF CREWE AND NANTWICH PRIVATE SECTOR HOUSING RENEWAL POLICY

The Board considered the report of Councillor Rachel Bailey, Portfolio Holder for Planning.

The current Private Sector Housing Renewal Policy was approved by Council in June 2006 and came into force on the 1st July 2006.  The report outlined proposals for the publication of a draft revised policy for consultation.  The proposed revision updated the Council’s policy on Private Sector Housing Renewal and continued to introduce new initiatives for the improving housing provision in the Borough.  

DECISION:

That the revised Crewe and Nantwich Private Sector Housing Renewal Policy be published for public consultation, for four weeks during January 2008, as detailed in the draft Executive Summary.

Alternative Options:

To amend or to reject the revised Private Sector Housing Renewal Policy.

Reasons for the Decision:

(a)        The revised policy replaces the existing housing grants policy and complements local, regional and national strategies relating to housing renewal and regeneration.  It also links in with one of the key objectives within the Council’s Housing Strategy “to ensure housing             conditions do not adversely affect people’s health”.

(b)       The draft policy should assist the Council in achieving the following objectives;

To continue with the grant aid priorities previously agreed;

To introduce Home Improvement Assistance and to make changes to existing initiatives, looking at reducing the numbers of non-decent homes, bringing empty properties back into use and to improve the energy efficiency of the housing stock; and

To continue to review methods of funding repairs and adaptations to properties.

108.    LOCAL AUTHORITY BUSINESS GROWTH INCENTIVE

The Board considered the report of Councillor David Brickhill, Portfolio Holder for Economic Development.

Local Authority Business Growth Incentive (LABGI) was a three-year initiative, rewarding past economic growth.  The report contained details of how the LABGI monies had been spent or earmarked for allocation to date together with details of the balance remaining.  A balance of £208,470 was available for ‘Business Growth’ spending and the Board was asked to approve the allocation of £165,000 for the schemes detailed in the report.

 DECISION:

That £165,000 from the balance of LABGI monies remaining be allocated for the schemes outlined in the report.

Alternative Options:           

To approve an alternative programme or not to allocate the funds to economic growth.

Reasons for the Decision:

(a)     The programme will utilise part of the balance of LABGI monies remaining for investment on Business Growth.  This will assist the Council in working with stakeholders, businesses and the South Cheshire Chamber of Commerce to create a more economically substantial Borough.          

(b)     There is recognition that strong economic investment benefits the social fabric of society and reduces crime and disorder.

109.    TIMETABLE OF PUBLIC MEETINGS 2008/2009

The Board considered the report of Councillor Margaret Simon, Portfolio Holder for Customers.

The report contained details of the draft Timetable of Public Meetings for 2008/2009 together with an appendix of explanatory notes.

RECOMMENDATION TO ANNUAL COUNCIL - 14TH MAY 2008:

That the draft Timetable of Public Meetings 2008/2009 be approved.

Alternative Options:

(a) To amend the Timetable of Public Meetings 2008/2009; or

(b) To reject the Timetable of Public Meetings 2008/2009.

Reason for the Decision:

The Council is required to give public notice of its meetings in order to fulfil its legal obligations. The timetable will assist the Council in meeting this requirement.

110.    MAYORAL NOMINATION 2008/09

The Board considered the report of Councillor Margaret Simon, Portfolio Holder for Customers.

The report provided details of the current Mayoral Conventions and the  Seniority List. An alternative recommendation was tabled by Board Members at the meeting.

RECOMMENDATION TO COUNCIL:

That paragraph 5 of the Mayoral Conventions adopted by the Borough Council be suspended.                       

RECOMMENDATION TO ANNUAL COUNCIL – 14TH MAY 2008:

That, subject to the suspension of paragraph 5 of the Mayoral Conventions adopted by the Borough Council,  the Annual Meeting of the Borough Council to be held on 14th May 2008 be invited to consider the nomination of Councillor B G Silvester for election to the office of Mayor of the Borough of Crewe and Nantwich for the year 2008/09.

Alternative Options:

(a)               To follow current  Mayoral Conventions; or

(b)               To establish an alternative method for the selection of Mayor

Reasons for the Decision:

In view of the recent decision to re-organise the structure of local government in Cheshire the Board feels that Councillor Silvester, as the longest serving Councillor who has not held the office of Mayor, should be given the opportunity to hold the office of Mayor of the Borough in the final year of Crewe and Nantwich in its current form.

(Note:  Councillor Silvester withdrew from the meeting for this item).

111.    REVIEW OF CHESHIRE REPLACEMENT WASTE LOCAL PLAN

The Board considered the report of Councillor John Hammond, Portfolio Holder for the Local Environment.

The Cheshire Replacement Waste Local Plan is subject to annual monitoring and review.  The monitoring and review process provided an opportunity for Cheshire County Council to consider removing the Clayhanger Landfill allocation from the Plan.  The report proposed that a letter be sent to Cheshire County Council requesting the removal of the Clayhanger allocation from the Plan when it was reviewed.  A copy of the draft letter was distributed at the meeting.

DECISION:

That the submission of a letter by the Borough Solicitor to Cheshire County Council to request that the Clayhanger landfill site allocation be removed from the Cheshire Replacement Waste Local Plan when the Plan is reviewed be endorsed.

Alternative Options:

Not to endorse or support the submission of a letter to Cheshire County Council.

Reason for the Decision:           

In light of the refusal of planning permission for a landfill site at Clayhanger, the granting of planning permission for Kinderton and the potential for an oversupply of landfill capacity if two landfill sites operate in Cheshire the County Council should consider the removal of the Clayhanger allocation from the Cheshire Replacement Waste Local Plan.

112.    REPORT OF EXECUTIVE DIRECTOR, DIRECT SERVICES (FOR INFORMATION)

In accordance with Contract Regulations, the Executive Director, Direct Services reported on tenders that had recently been invited and received.  

113.    EXCLUSION OF PRESS AND PUBLIC

RESOLVED: That the press and public be excluded from the meeting during consideration of the following item pursuant to Section 100(A)(4) of the Local Government Act 1972 on the grounds that it involved the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A (as amended) of the Act.

114.    PROPOSED REDEVELOPMENT ON SITES AT GATEWAY AND FOURTH       AVENUE, CREWE (PARAGRAPH 3)

The Board considered the report of Councillor David Brickhill, Portfolio Holder for Economic Development.        

The report related to two separate sites within the ownership of the Council on Gateway and Fourth Avenue, Crewe Gates Farm Industrial Estate, Crewe.  The Council had been approached by a developer who wished to redevelop the sites.                        

DECISION:

(A)       That, in order to allow the site to be redeveloped; approval be granted  in principle for a new 125 year Lease to The Marbury Trading Company Ltd for a single premium of £525,000 subject to the surrender of the existing leases and the grant of planning permission   for the proposed development by the company; and

(B)       That delegated authority be granted to the Borough Solicitor in consultation with the Economic Development and Estates Manager to agree such other terms as they consider necessary to protect the interests of the Council.

Alternative Options:

As detailed in the report.

Reasons for the Decision:

The disposal of the land will generate a capital receipt for the Council and by allowing the re-development of the land it is envisaged that increased levels of employment from the site will be obtained.

………………………………….Signed